Smith v. St. Louis Beef Canning Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J The plaintiffs were entitled to a trial by jury, and the court erred in denying a jury trial. — Davis v. Morris, 36 N. Y. 569; Ragan v. McCoy, 29 Mo. 356; The State ex rel. v. Meagher, 44 Mo. 356; Peacock v. Nelson, 50 Mo. 256; Kitchen v. Railroad Co., 59 Mo. 514; Wolf v. Schafer, 4 Mo.
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Appeal from the St. Louis Circuit Court, Thayer, J The plaintiffs were entitled to a trial by jury, and the court erred in denying a jury trial. — Davis v. Morris, 36 N. Y. 569; Ragan v. McCoy, 29 Mo. 356; The State ex rel. v. Meagher, 44 Mo. 356; Peacock v. Nelson, 50 Mo. 256; Kitchen v. Railroad Co., 59 Mo. 514; Wolf v. Schafer, 4 Mo. App. 367 ; Pitcher v. Hennessey, 48 N. Y. 415. Upon the case made by the evidence, the so-called “ decree ” or the judgment rendered by the circuit court, is clearly against right and justice, and is also against the law governing such matters.— Kerr on Fraud…
1Opinion of the CourtLewis, P. J.
Plaintiffs claim damages in the sum of $24,750 for the breach of a contract whereby the defendant corporation was to purchase and receive from them 8,000.tons of ice during the months of April, May, June, July, and August, 1880, at prices agreed upon. The petition alleges that the plaintiffs had delivered about 3,000 tons, when, in July, 1880, the defendant would not permit them to deliver any more. The answer denies generally, and adds, by way' of equitable defence, that the contract, as set forth in the petition, is not the contract which the parties, or either of them, agreed upon; but…
2Cases cited10 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Davis v. . MorrisNew York Court of Appeals · 1867
- Ragan v. McCoySupreme Court of Missouri · 1860
- Wolff v. SchaefferMissouri Court of Appeals · 1877
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3Cited by3 opinions
- Joyce v. MurnaghanMissouri Court of Appeals · 1885
- New Harmony Lodge No. 71 v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1903
- Torrey v. United StatesU.S. Circuit Court for the District of Eastern Missouri · 1890